Site-Blocking Orders in the EU: Justifications and Feasibility

Abstract

The recent CJEU Site-blocking order (Case C-314/12, 27 March 2014) affirms that it is the responsibility of the intermediary to choose and implement appropriate technical measures to protect rightholders. Such responsibility can be justified as it is feasible for the intermediary to know and best adopt recourses and abilities available to him. Nevertheless, this is not an easy and straightforward task for the intermediary as the deployment of technical measures for the blocking of infringing sites has to achieve the effect of striking a balance for the protection between copyrights and related rights; the freedom to conduct a business; and the freedom of information of internet users. This paper analyses and justifies the responsibility and feasibility of site-blocking from intermediaries; and provides insights into the promotion of harmonised implementation of technical measures in the EU.